LIQUIDATED DAMAGES FOR LATE COMPLETION. The parties agree that it would be extremely difficult and impracticable under the presently known facts and anticipated circumstances to ascertain and fix the actual damages that City and its residents would incur should Contractor fail to achieve Substantial Completion and/or Final Completion and readiness for final payment by the dates specified for each under the terms of this Agreement. Accordingly, the parties agree that should Contractor fail to achieve Substantial Completion by the date specified, then Contractor shall pay City, as liquidated damages and not as a penalty, the sum of NINE HUNDRED SIXTY-FOUR AND NO/100 DOLLARS ($964) per day for each calendar day of unexcused delay in achieving Substantial Completion beyond the date specified for Substantial Completion in the Contract Documents. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the time specified in the Contract Documents for Final Completion and readiness for final payment or any proper extension thereof granted by City, Contractor shall pay City, as liquidated damages and not as a penalty, additional sum of TWO HUNDRED AND NO/100 DOLLARS ($200) per day for each calendar day of unexcused delay in achieving completion and readiness for final payment.
LIQUIDATED DAMAGES FOR LATE COMPLETION. The parties agree that it would be extremely difficult and impracticable under the presently known facts and anticipated circumstances to ascertain and fix the actual damages that City and its residents would incur should Contractor fail to achieve Final Completion and readiness for final payment by the dates specified for each under the terms of this Agreement. Accordingly, the parties agree that should Contractor fail to achieve Final Completion by the date specified, then Contractor shall pay City, as liquidated damages and not as a penalty, the sum of ONE HUNDRED AND NO/100 DOLLARS ($100) per day for each calendar day of unexcused delay in achieving Final Completion beyond the date specified for Final Completion in the Contract Documents.
LIQUIDATED DAMAGES FOR LATE COMPLETION. 12.1 For the purposes of condition 6.8 (Liquidated damages) of the Conditions of Contract, liquidated damages for any delay in the completion of the Works or a Section shall be payable as follows:-
12.1.1 Where the Works are not divided into Sections at the rate of £Nil per day/week/month or part thereof pro-rata.
12.1.2 Where the Works are divided into Sections at the following rates:- Section no Section Rate of liquidated damages ........................ N/A .................. £ per day/week/month or part thereof pro-rata ........................ N/A .................. £ per day/week/month or part thereof pro-rata ........................ N/A .................. £ per day/week/month or part thereof pro-rata ........................ N/A .................. £ per day/week/month or part thereof pro-rata
12.2 The parties agree that the above rate or rates of liquidated damages (if any) represent a fair and reasonable pre-estimate of the losses and expenses that the Authority may suffer as a result of any delay in the completion of the Works or any Section (as the case may be) and that, accordingly, the above rate or rates shall not be construed as a penalty.
LIQUIDATED DAMAGES FOR LATE COMPLETION. The parties agree that it would be extremely difficult and impracticable under the presently known facts and anticipated circumstances to ascertain and fix the actual damages that City and its residents would incur should Contractor fail to achieve Substantial Completion and/or Final Completion and readiness for final payment by the dates specified for each under the terms of this Agreement. Accordingly, the parties agree that should Contractor fail to achieve Substantial Completion by the date specified, then Contractor shall pay City, as liquidated damages and not as a penalty, the sum of ONE THOUSAND,
LIQUIDATED DAMAGES FOR LATE COMPLETION. 25 12 CONTRACTOR’S BID IN ESCROW 28 APPENDIX 11-1 SCHEDULE OF PRICES AND ESTIMATED QUANTITIES APPENDIX 11-2 MEASUREMENT AND PAYMENT APPENDIX 11-3 FORM OF PAYMENT APPLICATION – SCHEDULE OF VALUES APPENDIX 11-4 FORM OF PERFORMANCE BOND APPENDIX 11-5 FORM OF LABOUR & MATERIAL PAYMENT BOND APPENDIX 11-6 FORM OF LETTER OF CREDIT APPENDIX 11-7 FORM OF PARENT COMPANY GUARANTEE APPENDIX 11-8 FORM OF ENVIRONMENTAL COMPLIANCE STATEMENT APPENDIX 11-9 FORM OF STATUTORY DECLARATION APPENDIX 11-10 SAMPLE ESCALATION CALCULATIONS
LIQUIDATED DAMAGES FOR LATE COMPLETION. 8.1 In the event that the Satellite is not completed in accordance with the Completion Schedule in Clause 4.2, taking into account the number of days of excusable delay, if any, under Clause 15.1, or delays attributable to AsiaSat, if any, the Contract price shall be reduced by up to a cumulative maximum of [o] as follows: [o] per day for each day of delay for days [o] and [o] per day for each day of delay for days [o].
8.2 In the event of a postponement or delay of the Launch Date due to the fault of the Contractor or Subcontractor and such delay or postponement results in postponement fees or other liquidated damages paid by AsiaSat to the Launch Services Contractor, the Contractor shall pay to AsiaSat such fees or liquidated damages up to a cumulative maximum of [o].
8.3 In the event of a delay described above, the Parties shall equitably adjust the final payment by the amount of the aggregate price reduction(s). If the amount of the aggregate price reduction(s) exceed the amount of the final payment, the Contractor shall refund the difference to AsiaSat on or prior to the due date of the final payment.
8.4 Clause 15 of this Contract provides that the acts of a government in its sovereign capacity, including action or inaction in its licensing capacity, is an excusable delay; however, Contractor is obligated to exercise its reasonable best efforts to minimize the period of excusable delay, and notwithstanding anything to the contrary contained herein and for the purposes of this Clause 8 only, the inability of the Contractor to obtain key licenses shall not constitute an excusable delay.
8.5 For purposes of adjustments for late completion, the price reduction specified in Clause 8.1 above shall be applicable to the Satellite to be completed hereunder and shall be in lieu of all damages, actual or consequential, [o].
LIQUIDATED DAMAGES FOR LATE COMPLETION. For the purposes of condition 6.8 (Liquidated damages) of the Conditions of Contract, liquidated damages for any delay in the completion of the Works or a Section shall be payable as follows:- Where the Works are divided into Sections at the following rates:- Section no Section Rate of liquidated damages
LIQUIDATED DAMAGES FOR LATE COMPLETION. The parties agree that it would be extremely difficult and impracticable under the presently known facts and anticipated circumstances to ascertain and fix the actual damages that City and its residents would incur should Contractor fail to achieve Final Completion and readiness for final payment by the dates specified for each under the terms of this Agreement. Accordingly, the parties agree that should Contractor fail to achieve Final Completion by the date specified, then Contractor shall pay City, as liquidated damages and not as a penalty, the sum of ONE
LIQUIDATED DAMAGES FOR LATE COMPLETION. The parties agree that it would be extremely difficult and impracticable under the presently known facts and anticipated circumstances to ascertain and fix the actual damages that City and its residents would incur should Contractor fail to achieve Final Completion and readiness for final payment by the dates specified for each under the terms of this Agreement. Accordingly, the parties agree that should Contractor fail to achieve Final Completion by the date specified, then Contractor shall pay City, as liquidated damages and not as a penalty, the sum of ONE THOUSAND, SIX HUNDRED, NINETY-FOUR AND NO/100 DOLLARS ($1,694) per day for each calendar day of unexcused delay in achieving Final Completion beyond the date specified for Final Completion in the Contract Documents.
LIQUIDATED DAMAGES FOR LATE COMPLETION. The parties agree that it would be extremely difficult and impracticable under the presently known facts and anticipated circumstances to ascertain and fix the actual damages that City and its residents would incur should Contractor fail to achieve Substantial Completion and/or Final Completion and readiness for final payment by the dates specified for each individual project under the terms of this Agreement. Accordingly, the parties agree that should Contractor fail to achieve Substantial Completion by the dates specified on each City-issued Notice to Proceed, then Contractor shall pay City, as liquidated damages and not as a penalty, the daily sum given in the schedule below based on individual project cost for each calendar day of unexcused delay in achieving Substantial Completion beyond the date specified for Substantial Completion for each individual project in the City-issued Notice to Proceed: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining work within the time specified in the Contract Documents for Final Completion and readiness for final payment or any proper extension thereof granted by City, the amount set forth for Liquidated Damages shall continue to be at the rate(s) specified above until final completion is attained.
